Charlottesville Non-Compete Agreement

In Virginia, a covenant not to compete usually requires that, upon leaving the company, an employee agrees not to be employed by their employer's competitors. A covenant not to compete may also be called a "non-compete clause". Compensation may be paid for employees who sign the covenant, or at times the employment may be conditioned upon such an agreement.

When are Covenants not to Compete Unenforceable?

It is difficult to discern whether a judge will enforce a given non-compete agreement. Even though the interests of an employer are important, Virginia courts value a person's freedom to select the type of employment that they desire. Thus, courts will typically uphold only those covenants not to compete that they conclude to be reasonable. Covenants not to compete that a court will categorize as unreasonable include provisions that last for a long duration or that restrict the employee to an unreasonable geographic area around Charlottesville.

Covenants not to compete are also required to deal only with competitors who are rationally related to the employer's line of industry. Lastly, the employer must have a valid business interest behind its motivation for mandating a covenant not to compete.

Do I Need an Attorney when Dealing with a Covenant not to Compete?

Before you sign any provisions that could restrict your rights, you may consider hiring a Charlottesville, Virginia attorney who can review the covenant. The attorney can negotiate modifications to the contract if they are needed, and can draft a new clause which is acceptable to the parties involved. Attorneys can provide valuable counseling to employers who are considering suing an employer who breached a covenant not to compete. They can also assist employees who have signed an agreement limiting their employment options.

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Life in Charlottesville

Charlottesville is an independent city surrounded by Albemarle County. Being an independent city, it is not actually legally part of the county in which it sits. It runs its own affairs, and unlike other cities, the government of the county in which it sits has no jurisdiction over it. It has a population of about 41,000 people.

Charlottesville was named in 2004 as the best place to live in the United States, in the book Cities Ranked and Rated, due in part to its high quality of life, low cost of living, and mild climate.

The city of Charlottesville is steeped in history. It was the home of presidents Thomas Jefferson and James Monroe. It is home to the University of Virginia, which was founded in 1819 by Thomas Jefferson. Along with Monticello (Thomas Jefferson's estate), the university is an UNESCO World Heritage Site - having been recognized by the United Nations as a place of special historical significance to all of mankind. It is the only university in the U.S., and one of the only manmade structures in the U.S., to be designated a World Heritage Site.

The University of Virginia has one of the best law schools in the country, so you don't need to worry about finding a good Charlottesville, Virginia lawyer, if you ever need one. Charlottesville lawyers are ready to take just about any case that you're likely to face.

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When are Covenants not to Compete Unenforceable?